The cost of filing a divorce or custody case in California can feel overwhelming—especially during a time when finances may already be strained. Fortunately, California law allows individuals to request a court fee waiver, which can remove or reduce filing costs and help ensure access to the court system regardless of income.

What Is a Court Fee Waiver?

A court fee waiver is a request asking the court to excuse you from paying certain court fees and costs. In family law cases—such as divorce, legal separation, or custody matters—either party may apply if paying the required fees would create a financial hardship.

If granted, a fee waiver can cover:

• Filing fees for initial paperwork
• Court-related costs during the case
• Certain service-related expenses

This allows your case to move forward without delay due to financial barriers.

Who Qualifies for a Fee Waiver?

California courts evaluate fee waiver requests based on financial need. You may qualify if:

• You receive public benefits such as SSI, CalWORKs, SNAP, Medi-Cal, IHSS, WIC, General Relief, or unemployment benefits
• Your household income falls below a certain threshold based on federal poverty guidelines
• Paying court fees would prevent you from covering basic living expenses such as rent, food, or utilities

In some cases, the court may approve a partial fee waiver, allowing you to pay reduced fees or make payments over time.

How to Apply for a Fee Waiver

To request a fee waiver, your legal team will prepare and file the required forms with your initial paperwork. The primary forms include:

• Request to Waive Court Fees (Form FW-001)
• Request to Waive Additional Court Fees (Form FW-002) (if needed later in the case)

These forms must be completed under penalty of perjury, meaning the information provided must be accurate and truthful.

Importantly, fee waiver applications are confidential and are not shared with the other party in the case.

What Happens After You Apply?

Once your application is filed, the court reviews your financial information.

If the court does not take action within 5 days, the fee waiver is generally considered approved. When granted, the court issues a notice confirming that your fees have been waived.

If the application is incomplete or unclear, the court will notify you and allow you time to correct and resubmit it.

The court cannot deny a fee waiver based on the type of case you are filing—it must focus only on your financial eligibility.

Can a Fee Waiver Be Denied or Reviewed Later?

Yes. A fee waiver may be denied if:

• The application is incomplete
• The financial information does not meet eligibility requirements
• The court needs additional information or schedules a hearing

Even after approval, the court can revisit the fee waiver if your financial situation changes. You are required to notify the court within 5 days if your income or financial circumstances improve.

In some cases, the court may:

• Withdraw the waiver for future costs
• Order repayment of previously waived fees
• Reevaluate eligibility at the end of the case

Will You Have to Pay the Fees Later?

Possibly. If you receive a financial recovery—such as a settlement or award exceeding a certain amount—the court may place a lien to recover waived fees.

Additionally, if your financial situation improves during the case, the court may require reimbursement.

What Other Costs May Be Covered?

A fee waiver can also cover certain additional expenses, including:

• Sheriff’s fees for serving legal documents
• Access to court reporters or transcripts in some cases

These provisions help ensure that individuals with limited financial resources still have meaningful access to the legal system.

Why Fee Waivers Matter

Court fee waivers play an essential role in making the legal system accessible. Without them, many individuals would be unable to pursue important legal protections involving family, finances, and safety.

However, the application process must be handled carefully to avoid delays or denials.

Take the Next Step

If you are concerned about the cost of filing a family law case, you may qualify for a court fee waiver. Properly preparing and submitting the application can help ensure your case moves forward without unnecessary obstacles.

Working with a California family law attorney can help you determine eligibility, complete the required forms accurately, and guide you through the process with confidence.